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who else wants money ?

Discussion in 'Gillingham' started by alwaysright, Sep 6, 2017.

  1. alwaysright

    alwaysright @ Very Angry Camel

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    #1
  2. Old Timer in Cyprus

    Old Timer in Cyprus Active Member

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    Just when you thought things couldn't get any worse.................................
     
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  3. brb

    brb CR250

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    OMG you gotta be kidding me <doh>

    I got a headache now :(
     
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  4. gioblues

    gioblues Well-Known Member

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    the sun will love this story
     
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  5. grumpygit

    grumpygit les misérable

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    I believe he first lent us money in 2009 (£400,000) which was before the alleged crime, I would think that any money before the crime should be safe.
     
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  6. brb

    brb CR250

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    <laugh> now you sure about that grumpygit <whistle>

    It's still an asset in the club :)
     
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  7. The Gills PegLeg

    The Gills PegLeg Up yer Harris

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    Bbc South East reported it could be up to a £1m that the club may need to repay if Anderson concludes to be guilty. Not sure where that figure has come from but let's seriously hope that's not the case.

    Never a dull moment following the club. Think somebody could write a whole book on Gillingham's 2017 exploits alone.
     
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  8. brb

    brb CR250

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    I could give it a try...need to think of a title...

    '50 Shades of Blue' <laugh>
     
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  9. itstimupnorth

    itstimupnorth Well-Known Member

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    Seems to me the factual detail of the story is a bit half baked.

    1. If he is not a shareholder in GFC then he has no investment in the Club. The £400k mentioned as an investment will in fact be a loan. In the 2016 accounts it is stated that he was owed £433,475 at 31st May 2016.
    2. The bit about Three Directors 'holding the assets of the stadium' requires clarification. Three Directors Ltd. lent GFC the funds to buy back the stadium from Priestfield Developments (PS). It is probable that the loan is secured against the stadium, but the stadium was valued at £4m in the 2016 accounts, whereas the loan due to Three Directors is £1.8m according to that company's accounts and GFC accounts. This would explain the "He is also believed to have put in a further £600,000 in a connected company" comment, assuming that each of the 3 directors put up equal amounts.

    What this may mean as far as US courts trying to recover money from GFC and Three Directors, and the consequential effect on those companies will no doubt be the subject of a great deal of speculation, but speculation is all it will be until firstly he is found guilty - until that point he is innocent - and then the American court deciding what actual action they should take.

    In the words of Private Eye on many occasions, this one could run and run.
     
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  10. brb

    brb CR250

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    That's about nailed it for me, so as we were <ok>

    Pegleg in the words of the mighty 'alwaysright' as he advised you earlier i would say on another thread......'And' <laugh>
     
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  11. brb

    brb CR250

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    This is the INDICTMENT;

    Case 6:17-cr-00142-CEM-DCI Document 1 Filed 06/22/17 Page 1 of 14 PagelD 1 UNITE D STATE S DISTRIC T COURT MIDDL E DISTRIC T OF FLORID A ORLAND O DIVISIO N UNITE D STATE S O F AMERIC A v. CAS E NO. 6:17-cr-142- 18 U.S.C. § 1349 MICHAE L J. ANDERSO N 18 U.S.C. § 1957 INDICTMENT The Grand Jury charges that: GENERA L ALLEGATION S At all times material to this Indictment: A. The TRICAR E Program 1. TRICAR E was a health care program of the United States Department of Defense ("DOD" ) Military Health System that provided coverage for DO D beneficiaries worldwide, including active duty service members, National Guard and Reserve members, retirees, their families, and survivors. Individuals who received health care benefits through TRICAR E were referred to as TRICAR E beneficiaries. The Defense Health Agency ("DHA"), an agency of the DOD, was the military entity responsible for overseeing and administering the TRICAR E program. Case 6:17-cr-00142-CEM-DCI Document 1 Filed 06/22/17 Page 2 of 14 PagelD 2 2. TRICAR E was a "health care benefit program," as defined by 18 U.S.C. § 24(b), that affected commerce, and as that term is used in 18 U.S.C. § 1347. 3. TRICAR E was a "Federal health care program," as defined by 42 U.S.C. § 1320a-7b(f), that affected commerce, and as that term is used in 42 U.S.C. § 1320a-7b(b). 4. TRICAR E provided coverage for certain prescription drugs, including certain compounded drugs, that were medically necessary and prescribed by a licensed medical professional. Express Scripts, Inc. ("Express Scripts") administered TRICARE's prescription drug benefits. 5. TRICAR E beneficiaries could fill their prescriptions through military pharmacies, TRICARE's home delivery program, network pharmacies, and non-network pharmacies. If a beneficiary chose a network pharmacy, the pharmacy would collect any applicable co-pay from the beneficiary, dispense the drug to the beneficiary, and submit a claim for reimbursement to Express Scripts, which would in turn adjudicate the claim and reimburse the pharmacy directly or through a Pharmacy Services Administrative Organization ("PSAO"). Good Neighbor Pharmacy Provider Network ("Good Neighbor") was a PSAO that contracted with Express Scripts. To become a network pharmacy, a pharmacy agreed to be bound by, 2 Case 6:17-cr-00142-CEM-DCI Document 1 Filed 06/22/17 Page 3 of 14 PageID 3 and comply with, all applicable State and Federal laws, specifically including those addressing fraud, waste, and abuse. B. Compound Drags Generally 6. In general, "compounding" is a practice in which a licensed pharmacist, a licensed physician, or, in the case of an outsourcing facility, a person under the supervision of a licensed pharmacist, combines, mixes, or alters ingredients of a drug or multiple drugs to create a drug tailored to the needs of an individual patient. Compounded drugs are not approved by the U.S. Food and Drug Administration ("FDA"); that is, the FD A does not verify the safety, potency, effectiveness, or manufacturing quality of compounded drugs. The Florida State Board of Pharmacy regulates the practice of compounding in the State of Florida. 7. Compounded drugs may be prescribed by a physician when an FDA-approved drug does not meet the health needs of a particular patient. For example, if a patient is allergic to a specific ingredient in an FDA - approved medication, such as a dye or a preservative, a compounded drug can be prepared excluding the substance that triggers the allergic reaction. Compounded drugs may also be prescribed when a patient cannot consume a medication by traditional means, such as an elderly patient or child who 3 Case 6:17-cr-00142-CEM-DCI Document 1 Filed 06/22/17 Page 4 of 14 PageID 4 cannot swallow an FDA-approved pill and needs the drug in a liquid form that is not otherwise available. C . Entities and Individuals 8. Life Worth Living Foundation, Inc., d/b/a Life Worth Living Pharmacy ("Life Worth Living Pharmacy"), was a Florida corporation incorporated on or about June 29, 2009, that had a principal place of business in Orlando, Florida. Life Worth Living Pharmacy was a pharmacy that provided compounded drugs to TRICAR E beneficiaries and contracted with Good Neighbor PSAO. 9. DM A Logistics LL C was a Florida limited liability company established on or about March 14, 2014, that had a principal place of business in Orlando, Florida. 10. Nation Wide Meds was a fictitious name registered with the State of Florida on or about September 11, 2014. DM A Logistics LL C did business as Nation Wide Meds. 11. Defendant MICHAE L J. ANDERSO N was a managing member and vice president of DM A Logistics. 4 Case 6:17-cr-00142-CEM-DCI Document 1 Filed 06/22/17 Page 5 of 14 PageID 5 12. Defendant MICHAE L J. ANDERSO N established and maintained signature authority on a bank account for DM A Logistics in the State of Florida with SunTrust Bank, account number ending 2175. 13. Defendant MICHAE L J. ANDERSO N maintained a bank account for DM A Logistics in Dubai in the United Arab Emirates with Mashreq Bank. 14. Co-Conspirators A and B worked for and on behalf of DM A Logistics and Nation Wide Meds. 15. Co-Conspirator C operated Life Worth Living Pharmacy. COUNT ONE Conspiracy to Commit Health Care Fraud and Wire Fraud (18 U.S.C. § 1349) 1. Paragraphs 1 through 15 of the General Allegations section of this Indictment are realleged and incorporated by reference as though fully set forth herein. 2. Beginning in or around June 2014 and continuing through in or around December 2015, in the Middle District of Florida, and elsewhere, the defendant, MICHAEL J . ANDERSON 5 Case 6:17-cr-00142-CEM-DCI Document 1 Filed 06/22/17 Page 6 of 14 PageID 6 did knowingly and willfully combine, conspire, confederate and agree with others, known and unknown to the Grand Jury, to commit certain offenses against the United States, that is: a. To knowingly, willfully, and with intent to defraud execute a scheme and artifice to defraud a health care benefit program affecting commerce, as defined in 18 U.S.C. § 24(b), that is, TRICARE , and to obtain, by means of materially false and fraudulent pretenses, representations, and promises, money and property owned by, and under the custody and control of, said health care benefit program, in connection with the delivery and payment for health care benefits, items and services, in violation 18 U.S.C. § 1347; and b. To knowingly and with the intent to defraud devise and intend to devise a scheme and artifice to defraud, and for obtaining money and property by means of materially false and fraudulent pretenses, representations, and promises, and did knowingly transmit and cause to be transmitted, by means of wire communication in interstate commerce, writing, signs, signals, pictures and sounds for the purpose of executing such scheme and artifice, in violation of 18 U.S.C. § 1343. 6 Case 6:17-cr-00142-CEM-DCI Document 1 Filed 06/22/17 Page 7 of 14 PageID 7 Purpose of the Conspiracy 3. It was a purpose and object of the conspiracy for the Defendant and his co-conspirators to unlawfully enrich themselves by, among other things: (a) causing the submission of false and fraudulent claims to TRICARE ; (b) concealing the submission of false and fraudulent claims to TRICAR E and the receipt and transfer of the proceeds from the fraud; and (c) diverting proceeds of the fraud for the personal use and benefit of the Defendant and his co-conspirators. Manner and Means of the Conspiracy The manner and means by which the Defendant and his co-conspirators sought to accomplish the purposes and objects of the conspiracy included, among others, the following: 4. MICHAE L J. ANDERSON , Co-Conspirator A , and their coconspirators would and did operate DM A Logistics, a/k/ a Nation Wide Meds, including through the use of wire communications in interstate commerce, to generate false and fraudulent prescriptions for compounded drugs for TRICAR E beneficiaries. 5. MICHAE L J. ANDERSO N and his co-conspirators would and did unlawfully use, and cause to be unlawfully used, unique identifying information of TRICAR E beneficiaries to cause the submission of false and 7 Case 6:17-cr-00142-CEM-DCI Document 1 Filed 06/22/17 Page 8 of 14 PageID 8 fraudulent reimbursement claims to TRICAR E for prescriptions for compounded drugs. 6. Co-Conspirator A and other co-conspirators would and did give, and cause to be given, prescriptions for compounded drugs for TRICAR E beneficiaries to co-conspirator licensed medical professionals for them to sign and return to DM A Logistics, a/k/ a Nation Wide Meds, without having legitimate provider-patient interactions. 7. Co-Conspirator A and other co-conspirators would and did pay, and cause to be paid, kickbacks to co-conspirator licensed medical professionals in exchange for signing prescriptions for compounded drugs for TRICAR E beneficiaries. 8. Co-Conspirators B and C and other co-conspirators would and did submit and cause the submission of false and fraudulent reimbursement claims to TRICAR E on behalf of Life Worth Living Pharmacy, including through the use of wire communications in interstate commerce, based on prescriptions received from DM A Logistics, a/k/ a Nation Wide Meds, for compounded drugs for TRICAR E beneficiaries that were not legitimately prescribed. 8 Case 6:17-cr-00142-CEM-DCI Document 1 Filed 06/22/17 Page 9 of 14 PageID 9 9. Co-Conspirator C and other co-conspirators would and did pay and cause to be paid kickbacks to MICHAE L J. ANDERSO N through DM A Logistics in exchange for generating and causing to be generated prescriptions for compounded drugs for TRICAR E beneficiaries. 10. Co-Conspirator C would and did receive payment on behalf of Life Worth Living Pharmacy from TRICAR E as reimbursement on the false and fraudulent claims for prescriptions for compounded drugs and would and did pay and cause to be paid a percentage of proceeds from the false and fraudulent claims to MICHAE L J. ANDERSO N through DM A Logistics. 11. MICHAE L J . ANDERSON , Co-Conspirator A , and their coconspirators would and did maintain bank accounts that were used to receive, transfer, and disburse proceeds of the fraud scheme and to pay and receive kickbacks in furtherance of the fraud scheme. 12. MICHAE L J. ANDERSO N and his co-conspirators would and did perform acts and make statements to hide and conceal, and cause to be hidden and concealed, the purposes of, and the acts done in furtherance of, said conspiracy. A l l in violation of 18 U.S.C. § 1349. 9 Case 6:17-cr-00142-CEM-DCI Document 1 Filed 06/22/17 Page 10 of 14 PageID 10 COUNTS TWO AND THRE E Money Laundering (18 U.S.C. § 1957) 1. Paragraphs 1 through 15 of the General Allegations section of this Indictment are realleged and incorporated by reference as though fully set forth herein. 2. On or about the dates set forth below in each count, in the Middle District of Florida, and elsewhere, the defendant, MICHAEL J . ANDERSON did knowingly engage and attempt to engage in monetary transactions affecting interstate commerce, by, through, and to a financial institution, in criminally derived property of a value greater than $10,000, and such property having been derived from specified unlawful activity: Count On or About Date Monetary Transaction Two June 1,2015 The transfer by wire of $500,000 from DM A Logistics' SunTrust Bank account ending 2175 to D M A Logistics Inc.'s Mashreq Bank account in Dubai, The United Arab Emirates. Three July 1,2015 The transfer by wire of $150,000 from DM A Logistics' SunTrust Bank account ending 2175 to D M A Logistics Inc.'s Mashreq Bank account in Dubai, The United Arab Emirates. It is further alleged that the specified unlawful activity is conspiracy to commit health care fraud and wire fraud, in violation of 18 U.S.C. § 1349, health care fraud, in violation of 18 U.S.C. § 1347, wire fraud, in violation of 10 Case 6:17-cr-00142-CEM-DCI Document 1 Filed 06/22/17 Page 11 of 14 PageID 11 18 U.S.C. § 1343, and receipt of kickbacks in connection with a federal health care benefit program, in violation of 42 U.S.C. § 1320a-7b(b)(l)(A). In violation of 18 U.S.C. §§ Sections 1957 and 2. FORFEITUR E 1. The allegations contained in Counts One through Three are incorporated by reference for the purpose of alleging forfeiture pursuant to 18 U.S.C. §§ 981(a)(1)(C), 982 and 28 U.S.C. § 2461(c). 2. Upon conviction of a conspiracy of the violation of 18 U.S.C. § 1347, in violation of 18 U.S.C. § 1349, the defendant shall forfeit to the United States, pursuant to 18 U.S.C. § 982(a)(7), any property, real or personal, that constitutes or is derived, directly or indirectly, from gross proceeds traceable to the commission of the offense. 3. Upon conviction of a conspiracy of the violation of 18 U.S.C. § 1343, in violation of 18 U.S.C. § 1349, the defendant shall forfeit to the United States, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), any property, real or personal, which constitutes or is derived from proceeds traceable to the offense. 4. Upon conviction of a violation of 18 U.S.C. § 1957, the defendant shall forfeit to the United States, pursuant to 18 U.S.C. § 982(a)(1), 11 Case 6:17-cr-00142-CEM-DCI Document 1 Filed 06/22/17 Page 12 of 14 PagelD 12 any property, real or personal, involved in such offense, or any property traceable to such property. 5. The property to be forfeited includes, but is not limited to, the following: a $5,792,210 forfeiture money judgment, which represents the proceeds obtained from the offense. 6. If any of the property described above, as a result of any act or omission of the defendant: a. cannot be located upon the exercise of due diligence; b. has been transferred or sold to, or deposited with, a third party; c. has been placed beyond the jurisdiction of the court; d. has been substantially diminished in value; or e. has been commingled with other property which cannot be divided without difficulty, 12 Case 6:17-cr-00142-CEM-DCI Document 1 Filed 06/22/17 Page 13 of 14 PagelD 13 the United States shall be entitled to forfeiture of substitute property pursuant to 21 U.S.C. § 853(p), as incorporated by 18 U.S.C. § 982(b)(1) and 28 U.S.C. § 2461(c). A TRU E BILL , W. STEPHE N MULDRO W Acting United States Attorney FOREPERSO N By: By: By: Joseph S. Beemsterboer Deputy Chief Criminal Division, Fraud Section U.S. Department Of Justice Christopher J. Hunter Senior Trial Attorney Criminal Division, Fraud Section U.S. Department of Justice Katherine M . Ho Assistant United States Attorney Chief, Orlando Division 13 Case 6:17-cr-00142-CEM-DCI Document 1 Filed 06
     
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  12. brb

    brb CR250

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    Club News
    A STATEMENT FROM THE CHAIRMAN

    Chairman Paul Scally responds to upcoming newspaper article.
    9 Hours ago

    From the Chairman.

    Following a visit from the Kent Messenger Group on Monday I was made aware of documentation in relation to Vice-Chairman Michael Anderson and an ongoing investigation in the USA.

    An article will be published in tomorrow’s local newspaper and online in regards to this matter.

    For the purpose of clarification Mr Anderson has agreed to step down as Vice-Chairman of Gillingham Football Club with immediate effect until the matter is resolved.

    Mr Anderson has no shareholding in Gillingham Football Club nor associated companies, he is a non-executive director and has no executive involvement in the day to day running of the Football Club or associated companies.

    I have spoken to the EFL, they have noted the position.

    The club is unable to make any further comment on the matter.

    https://www.gillinghamfootballclub.com/news/2017/september/a-statement-from-the-chairman/
     
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  13. alwaysright

    alwaysright @ Very Angry Camel

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    brb - you do realise that it took longer to read your post, ( N0.11 ), than waiting for a league win !

    tim - thanks for the benefit of your expertise. - whilst I can accept that Anderson may not be a shareholder, and that any money given by him to GFC was a 'loan', - I don't think the Court would see it as anything less than money laundering ( if proven guilty ). This point is speculation - but it seems, at the moment, that you can throw any **** at GFC, and it will stick !
    The timing of the ' loans ' may come into the equation if the case is proven and GFC are ordered to repay the ' loans ' - but - whether it's £400,000 or £600,000 or £ 1 Million --- ---- or, actually as little as tuppance, it will have a devastating affect on our already non-existent finances. Could we actually survive if somebody suddenly ordered us to hand over the money ? .... and as I earlier stated - would Scally call ' Time ' ?...................... I think I'd be more optimistic of a win at Oxford.
     
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  14. grumpygit

    grumpygit les misérable

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    always - I thought money laundering was converting dirty money into clean money, putting money into GFC with no hope of a return is covered by the mental health act, it's called dementia! I should know I've suffered it for years. :emoticon-0131-angel
     
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  15. brb

    brb CR250

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    Have you read the indictment <laugh> if you can't find it, alwaysright knows where it is at #11 <whistle>

    It's worth a read mate, well it will be quicker than getting to Oxford and back ;)

    You mention two points, money laundering and the year 2009. You might want to take a closer look at the small print, it mentions money laundering and about a pharmacy that was incorporated in none other than....yes you got it....the year...2009 <<<< i can feel myself welling up here, either that or I'm about to choke!

    disclaimer; I'm not making any accusations, assumptions or anything else towards the content in the indictment....I'm just saying read it :) Then can someone explain it to me afterwards :bandit:
     
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  16. The Gills PegLeg

    The Gills PegLeg Up yer Harris

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    It is an interesting case in the claims are that the business claimed for the funding back for fake prescriptions for military veterans and their families. If deemed to be true then one would assume if he doesn't have the money in the bank, the fees that would need to be repaid would link to his existing assets. Whether he still owns the address in Florida or not I don't know but one would assume that would be the first to go to help repay said monies (again only if found guilty). I happen to live not too far away from his current home here in Kent so if I see it gets listed for sale soon, will let you all know.<cheers>

    Regardless of whether he's guilty or not, once again it's more bad publicity for the club that we don't need. This year alone we've had the N'Gala transfer farce, Jay Emmanuel-Thomas being returned and the big twitter outburst from ex players, the disappearance and suspension of Donnelly, kit man being sacked for forgetting the kit, the issues around child prices for season tickets, Ongoing Centreplate case, tribunal brought up by Edinburgh, defamatory Sun article, season ticket books being delayed, Josh Wright - Pennock argument and now this.

    Literally couldn't write the issues we've had in 9 months, it's madness.
     
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  17. gioblues

    gioblues Well-Known Member

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    At least we have not spent the Dack fee on transfers and if we win yhe centreplace case should get the million we might need
     
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  18. itstimupnorth

    itstimupnorth Well-Known Member

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    I wouldn't dispute that the loans are Anderson's assets, and that as such might be the subject of an attempt to be recovered by the American courts in the event of a guilty verdict. But in order to recover the money directly from the respective companies (GFC and Three Directors) I would think that they would have to prove that the finance that funded the loans was the same money that was the proceeds of the alleged offence. Their ability to do that will to a large extent depend on the effectiveness of any money laundering that might have taken place.

    On the basis that these loans are long term funding of the business rather than day to day working capital, and that the valuation of the ground is now substantially greater than the value of borrowed funds secured against it, I think that it would be possible to repay the loans with alternative funding, but that would of course take some time to arrange.

    Whether Scally would actually go to that trouble is of course another matter.
     
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  19. itstimupnorth

    itstimupnorth Well-Known Member

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    And after we get promoted to the Premier League and win the Champions League we'll have LOADSAMONEY, (although brb won't be there to watch it) so we won't miss a million
     
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  20. itstimupnorth

    itstimupnorth Well-Known Member

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    If you're really interested this version of the indictment is easier to read

    https://www.justice.gov/opa/page/file/981611/download

    It's interesting to note that this was filed on 22nd June. This makes the wording of Scally's statement rather interesting "Following a visit from the Kent Messenger Group on Monday I was made aware of documentation in relation to Vice-Chairman Michael Anderson and an ongoing investigation in the USA"

    There is nothing in that wording that denies he actually knew about this before the KMG visit. I think that if a director, indeed Vice Chairman, of a company were presented with these charges that they should at the very least bring it to the attention of the Club, and offer to step down at least from the position of Vice Chairman.

    Can we really believe that a director of a company would not mention such a serious matter to his Chairman?

    And picking up on the matter of timing, page 5 of the indictment states

    COUNT ONE
    Conspiracy to Commit Health Care Fraud and Wire Fraud (18 U.S.C. § 1349)
    1. Paragraphs 1 through 15 of the General Allegations section of this Indictment are realleged and incorporated by reference as though fully set forth herein.
    2. Beginning in or around June 2014 and continuing through in or around December 2015, in the Middle District of Florida, and elsewhere, the defendant,
    MICHAEL J . ANDERSON
    did knowingly and willfully combine, conspire, confederate and agree with others, known and unknown to the Grand Jury, to commit certain offenses against the United States, that is:....

    Accounts filed at Companies House for the year ended 31st May 2012 show that
    a) GFC owed Anderson £673,084
    b) Three Directors were owed £1.8m - not stated in the accounts but we can safely assume that this was the loan to GFC as GFC have an outstanding long term loan for the same amount.

    On that basis the KOL article statement "If Mr Anderson is found guilty, the club could be forced to pay more than £1 million to the US government, which could ask the courts here to freeze the club’s bank accounts while investigators seek to establish if any cash from the scam ended up being invested in the Gills." would appear to be utter b*ll*cks.

    However notwithstanding that inaccuracy and the sh*tstorm that might be coming our way on account of the alleged conduct of a director, I think that at least we should be in the clear financially as far as the US courts coming to get the money. However the possibility would still exist that Anderson would ask for repayment of any loans made to companies if he needs to find the thin end of $6m
     
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    Last edited: Sep 7, 2017
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